DaysofPal- In one of the most significant legislative shifts within Israel in recent years, the Israeli Knesset has approved, in its second and third readings, a bill allowing the prosecution of hundreds of Palestinian prisoners accused of involvement in the October 7, 2023 “Al-Aqsa Flood” operation through a special judicial process that could ultimately lead to death sentences.
The law directly targets members of the “elite” units who participated in the incursion into Israeli settlements surrounding the Gaza Strip. Observers say the move reflects a transition from policies of “field executions” and “slow killing” inside prisons toward an attempt to provide formal legal cover for the execution of Palestinian detainees.
Under the new legislation, a special military court will be established in Jerusalem, with cases divided geographically according to the locations of the October 7 attacks, including Be’eri, Nir Oz, and the Nova music festival. The law permits prosecutors to file charges classified under Israeli law as the “most serious crimes,” carrying penalties that could include execution.
The legislation comes amid an unprecedented rise in far-right rhetoric in Israel, led by Israeli National Security Minister Itamar Ben-Gvir and backed by Prime Minister Benjamin Netanyahu, following the political and military shock caused by the October 7 attack.
Background of the Law
The proposed “execution of prisoners” law did not emerge suddenly but is part of a broader legislative trajectory promoted for years by successive Israeli governments, particularly following the rise of nationalist and religious far-right currents within Israeli politics.
The bill was first introduced in expanded form in 2022 and received preliminary approval in 2023. It regained momentum in 2025 after being endorsed by the National Security Committee, before finally passing with a large majority in the Knesset.
The law authorizes death sentences against anyone convicted of “intentionally causing the death of a person to deny the existence of the State of Israel.” The wording has sparked controversy even within Israeli legal circles because of its vagueness and broad interpretive scope.
Observers argue that the phrasing was deliberately crafted to avoid encompassing Israeli settlers or Jewish perpetrators involved in nationalist or racially motivated killings, leaving the law effectively directed at Palestinians without stating so explicitly.
In March, the Knesset also approved a separate law authorizing the execution of Palestinian prisoners by hanging inside prisons, a move rights groups described as an unprecedented escalation in Israel’s handling of Palestinian detainees.
Israeli authorities continue to detain hundreds of Palestinians from Gaza, including 1,283 individuals categorized as “unlawful combatants.”
According to figures released by the Palestinian Commission of Detainees and Ex-Detainees Affairs, the Palestinian Prisoners’ Club, and Addameer Prisoner Support and Human Rights Association, the number of Palestinian prisoners and detainees held in Israeli prisons exceeded 9,400 by early May 2026.
Fears of Escalation Inside Israeli Prisons
The approval of the law has coincided with growing Palestinian and human rights warnings that Israeli prisons could become open arenas for physical liquidation, particularly under policies of “slow execution” through torture, medical neglect, starvation, and abuse.
Palestinian estimates suggest that hundreds of prisoners may face prosecution under the new law, especially detainees associated with the “elite units” file from Gaza, whom Israel considers directly responsible for the October 7 operation.
Analysts also believe the law’s unstated objective is to eliminate the possibility of releasing prisoners serving life or lengthy sentences in any future exchange deals by legally executing them before political settlements can emerge.
“An Instrument of Revenge”
Political writer and analyst Hilal Nassar said the new Israeli law “reflects the state of political and military revenge dominating Israel following its failure to contain the repercussions of October 7,” arguing that its true purpose is “to eliminate the elite prisoners who have become a nightmare within Israeli consciousness.”
Speaking to our correspondent, Nassar said that “Israel has long practiced forms of execution against Palestinians through assassinations, field killings, and torture inside prisons, but what is new today is the attempt to transform this policy into an explicit legal framework that grants judicial cover to liquidation operations.”
He added that the legal wording of the law “suffers from clear fragility,” especially regarding the phrase “denying the existence of the State of Israel,” which he described as “a broad political slogan rather than a precise criminal standard.”
Nassar further argued that the law’s passage does not necessarily guarantee its implementation, since carrying out executions could expose Israel to significant international pressure, legal challenges, and political consequences that may ultimately outweigh any practical gains.
According to Nassar, the current moment reflects “Israel’s transition from managing repression inside prisons to attempting to legitimize open executions,” driven by increasingly influential far-right movements pushing for harsher and more violent policies.
Shortlink for this post: https://daysofpalestine.ps/?p=74593
